STATE OF KARNATAKA Vs. PANDURANGARAO MADHAVARAO

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Addl. District Judge, Bijapur, in H. R. C. Appeal No. 19 of 1974, on his file, allowing the appeal of the landlord (the present writ-petitioner) and ordering eviction of the tenant from the suit premises giving the tenant sufficient time to vacate the same.

(2.) The landlord no doubt took action for eviction of the tenant under proviso (h) to sub-section (1) of S. 21 of the Karnataka Rent Control Apt, 1961, (hereinafter referred to as 'the Act'), stating that he required the suit premises bona fide and reasonably for his occupation. The learned Munsiff held that the landlord proved his bona fides and that the requirement was reasonable. But, he held that greater hardship would be caused to the tenant if evicted, as the tenant was running a school in the suit premises and in that view, he dismissed the application of the landlord. Aggrieved by the said order, the landlord filed an appeal and the learned Addl District Judge, who heard the appeal, allowed the same, as stated above, it is against that order that the present writ petition is filed by the Government (tenant).

(3.) At the very outset, it was submitted before me that the learned Munsiff and the learned District Judge could not entertain the application for eviction under proviso (h) to sub-section (I) of S. 21 of the Act as the premises were exempt under S. 2 (7) of the Act. 3A. Section 2 (7) of the Act reads: